Canadian Immigration Blogs

How to Fulfill your Residency Obligations as a PR

As a permanent resident of Canada, there are certain conditions and requirements that must be met in order to continue to maintain the permanent residency status. The most important aspect of maintaining permanent residency status in Canada is the residency obligation. As a permanent resident, you should reside in Canada for a majority, if not all, of the time. Residing in Canada as a permanent resident brings about many benefits and advantages. Therefore, in this article, I will explain the residency obligations for permanent residents in Canada and the benefits of being a permanent resident.

Residency Obligation in Canada

Residency obligations are mandatory in order to maintain your permanent residency status in Canada. Particularly, as a permanent resident of Canada, you must ensure that you have completed a total of two years residing within Canada out of a five year time period. During these two years of residing within Canada, you must be physically present within the country. However, there are different circumstances that may occur that can count towards the residency obligation. Therefore, below I will explain the different circumstances that can count towards the residency obligation of permanent residents.

FAQ – Express Entry & Canadian Employers

In this article, I will address a few popular questions and answers for Canadian employers who actively seeking employees through Canada’s Express Entry program. Many Canadian employers often search outside of Canada for employees. Through applying for a Labour Market Impact Assessment in order to hire a foreign national worker, they are essentially telling the Canadian government that no Canadian citizen or permanent resident is available to fill the intended position. Furthermore, Express Entry was created as a faster path to obtain permanent residency as a foreign skilled worker. In order to discover more information about Express Entry and Canadian employers, please continue reading this article. Essentially, the intention of this article is meant to clarify any questions or information you would like to know with regards to Express Entry and Canadian employers.

Q: What are Canadian employers role within the Express Entry program?

How Long is a LMIA Valid For

A Labour Market Impact Assessment (LMIA) can be vital for the issuance of a job offer from a Canadian employer to a temporary foreign national worker. Therefore, it is essential to know for how long the LMIA will be valid for and if the Canadian employer and/or foreign worker will need to apply for a new one in the future. Since May of 2009, Employment and Social Development Canada (ESDC) has enforced a maximum 6 month LMIA validity period. During this 6 month period, an LMIA may be utilized for a temporary foreign worker to apply for a work permit. In this article, I will address the validity period for LMIAs, the duration of employment based on the LMIA, exceptions, and more.

How an LMIA Application can be Refused

Prior to applying for an Labour Market Impact Assessment (LMIA) application, it is very important for the Canadian employer and the temporary foreign national to consider whether Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) will refuse the LMIA application. There are several different circumstances that can warrant a refusal to process an LMIA application. Therefore, in this article, I will address the different circumstances that can warrant a refusal and why.

There are specific conditions set out that may justify why the Canadian government and its respective departments may not be able to process a Labour Market Impact Assessment application. Such conditions include Regulatory Authority and Public Policy Considerations in Ministerial Instructions. Below I will explain each in detail.

Questions and Answers for Labour Market Impact Assessment

In this article, I will address questions and answers for a Labour Market Impact Assessment (LMIA), as there are several different circumstances that require a LMIA, in order for you to further understand what a Labour Market Impact Assessment (LMIA) entails. A Labour Market Impact Assessment, better known as a LMIA, is a document from Employment and Social Development Canada that permits a Canadian employer to hire a temporary foreign worker. It was created to give foreign nationals an opportunity to contribute to the Canadian economy, without replacing available Canadian citizens or permanent residents. If you feel as though you would be eligible to apply for a Labour Market Impact Assessment, I suggest you read our article on “Who Needs a Labour Market Impact Assessment” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Labour Market Impact Assessment.

Q: What happens if I have not received a new LMIA from my employer and my work permit is about to expire? What can I do?

A: The only way to submit your application without an LMIA is if your work permit will expire within the next two weeks. With the application, you must provide evidence that the LMIA request was made but you have not received an outcome. When submitting your application, you must include a copy of the application that was sent to Employment and Social Development Canada (ESDC) or; a copy of the receipt confirmation number, only if the request was made online, or; indicate specific details within the section “Details of Intended Work in Canada” of the work permit application with regards to the LMIA request. The specific details must include the office that the LMIA request was sent to, the date it was sent, the employer’s name and the confirmation number for the submission. Additionally, it is also vital for your application to contact the Call Centre once you have the LMIA confirmation number. This must be done within two months from the date that your application was received. If not done, your application may be refused.